Mackenzie Architects International v Ku-ring-gai Council [2016] NSWLEC 1408

The Court agreed to dispose of proceedings in accordance with the parties' agreement, as permitted by s 34(3), granting development consent subject to conditions and ordering payment of costs.

Jurisdiction: Australia
Judgment Date: 09 September 2016
Procedural Posture: Development Application Appeal / Final Orders Following Conciliation Conference
Outcome: Development consent granted, Applicant to pay Respondent's costs as agreed or assessed.
Legal Topics: ['development Application' 'conciliation Conference' 'development Consent' 'costs']

['planning and Environment'] ['development Application' 'conciliation Conference' 'development Consent' 'costs']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

1 ['Whether development consent should be granted for multi dwelling housing at Nos. 18 and 20 Bent Street, Lindfield' 'Whether parties have reached an agreement permissible under s 34(3) Land and Environment Court Act 1979']

Ratio Decidendi

The Court agreed to dispose of proceedings in accordance with the parties' agreement, as permitted by s 34(3), granting development consent subject to conditions and ordering payment of costs.

Court Disposition

Development consent granted, Applicant to pay Respondent's costs as agreed or assessed.

Orders

['Leave granted to Applicant to file and rely on amended plans as listed.' "Applicant to pay Respondent's costs thrown away as agreed or assessed pursuant to section 97B of Environmental Planning and Assessment Act 1979." 'Development consent granted to DA0523/13 to demolish existing dwellings and construct multi...